I filed a motion for summary judgment on my petition and when I asked for hearing time for the motion, the judge instead issued an order for trial and ignored my request for hearing time. I believe that per rule 12.510 and rule 1.510 and rule 56 that the opposing party must respond and the judge... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024
Family cases are a little different than regular civil cases. At the trial you can argue your summary judgment motion; however, the judge will probably consider your arguments together with everything else that is presented at the trial. Speak with a local family lawyer for more specific advice.
Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024
As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More
My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024
If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More
About 5 years ago i got divorced, i payed for a QDRO to be made and for the assets to be split, the paperwork did went through the judge and my ex-spouse was suppose to file it to get the assets split and get the money. About a year and half i quit my job and when they asked me what to do about the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024
You owe her the portion that she was entitled to from the final judgment. You can probably deduct the cost of the QDRO and the taxes that you paid on the withdrawal. Although it is up to her to go back to court to enforce the agreement it is probably smarter to try and reach a settlement with her... View More
On disability and only worked periodically. When he receives my income dies he have to claim that as income and pay taxes on it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024
What do you mean by "when he receives my income?" Generally any income received is taxable. The exception in family law is if you are paying spousal support (alimony) with after tax dollars, meaning that you already paid taxes on those funds, then the receiver does not have to pay taxes... View More
Who enforces - local law enforcement or the Judge during a court case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024
Failure to pay child support is not a felony in Florida. It is generally not a crime at all. It is a matter in circuit civil court. Under certain circumstances you can be jailed for not paying but you must have the money available to pay prior to being jailed. Speak with a local family lawyer for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
If you have a child support obligation then it can be enforced until it is paid, regardless of the age of the children. Regarding jail, there would have to be a motion for contempt and a finding that you have the ability to pay. You can only be jailed if you have "the keys to the cell."... View More
To sum things up my wife made false domestic violence allegations against me with no evidence of abuse, the courts were sympathetic to her and now I haven’t seen my daughter in 3 years, I don’t have a lot of money, Iv had to start over from scratch, I just want to see my daughter.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024
You need to return to court to ask for more time with your child. The child support and the timesharing are not directly related. File a motion explaining your reasons for wanting more time. Speak with a local family lawyer for more specific advice.
Because of a trial live in boyfriend of four months. That relationship ended after four months which was a year ago now. That ex only zelled money for rent inconsistently. Nothing else. My ex said he doesn't have to pay alimony any more because I was in a supportive relationship. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024
You need to return to court on a motion for enforcement and contempt. Your brief supportive relationship by itself did not automatically alter the alimony obligation. You are still owed alimony and child support if that is what the current court order says. Unless and until there is a different... View More
Husband and I have one child together, married 14 years. Separated due to husband bad bipolar behavior. He took me off of health and dental insurance, without me knowing.
I need child support while Separated. What do I need to do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024
You can file a Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren). There is a free form available online12.904(a)(1) This addresses your specific situation where you are separated but not divorcing (at this time). Speak with a local family lawyer for... View More
They had no kids 2gether. She had a couple from previous marriage & he had my husband.
FIL just passed, Step-mom wants to see & move closer to kids near Bradenton. Does my husband get half of house now or after she passes say 20 yrs from now? If she doesn’t volunteer the money, my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024
This answer is based on Florida law. It sounds like you are asking about an inheritance. The first thing to do is read the documents (perhaps a will) that states what is supposed to happen with the property. If step mother brings papers to sign either read them carefully or tell her that you want... View More
This divorce is time sensitive because other party will be moving out of country shortly, and i cant afford an attorney to help with the process
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2024
If you cannot afford an attorney then you need to continue to follow the judge's instructions. Some counties have a self help area in the courthouse where you might be able to get some guidance. Otherwise, speak with a local family lawyer for more specific advice.
I have paid back support for years to my ex for my youngest son. He is now going to be in a federal prison for life. My oldest son and I are moving my youngest son from Ocala to Jacksonville with my granddaughter. We have bought food for the household because there was no income coming in the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2024
This answer is based on Florida law.
First, a stoppage is not automatic. You can file a motion with the court that issued the child support order explaining why the arrearage is no longer necessary. Speak with a local family lawyer for more specific advice.
He doesn't own a vehicle nor does he have a driver's license
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2024
The child support obligation will continue to accrue like any other debt. At some point you can return to court and get a judgment against the obligor (the one who owes). Unfortunately you are correct that if the payor never has money or traceable income it will be difficult to collect.... View More
Father learned child existed when age 2 or 3. Paternity confirmed and support judgement put in place. Usually taken from paychecks. Father has not ever seen, met or provided any coparenting for child. Mother moved out of state. Since being unemplyed payment stopped, driver's license... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024
The short answer is that there is no way for you to get completely out of your child support obligation. You can definitely return to court and ask to have your drivers license reinstated. You can ask the court for a modification if you are not already paying the minimum. The court will not allow... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024
That is a question that only you can answer. In court, the legal standard for children‘s issues is what is in the best interests of the child. You also need to consider the financial impact of two households. Speak with a local family lawyer for more specific advice.
We had mediation for time sharing and child support my income was more than half less than what mediator put I vacated the order.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024
Both parties are required to follow any court orders that are in place. If you had the child support order set aside then there is no specific obligation. However, when child support is established there will be a retroactive component owed. Speak with a local family lawyer for more specific advice.
Fill out and what does procedure for filing it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024
You need a written agreement from your former spouse waiving the outstanding balance. Then you can file the agreement with a motion to terminate child support. You need to file with the court that issued your current child support order. Speak with a local family lawyer for more specific advice.
My daughter goes to her father’s every other weekend. Recently we found out that he gave her room to the new baby and now she is sleeping in the living room on the couch. Is this acceptable living standards for a 9 year old, per the court.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024
The legal standard is what is in the best interests of the child. If this is the best solution for the father and the child is not suffering then you may just have to deal with it. There is no bright line rule regarding a situation like this. Speak with a local family lawyer for more specific... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
